6
would not object to the request to suspend the enforcement of these provisional
measures in relation to her.”
17.
The Commission made no statement in relation to such a request.
18.
Taking into account the statements made by the parties during the public
hearing, the Court concludes that the situation of extreme gravity and urgency that
caused the adoption of the provisional measures to protect the life and physical
integrity of Sister Noemí Palencia does not persist. In consequence, the Tribunal
considers convenient to rescind the measures ordered in her favor.
2.
On the protective measures in favor of the beneficiaries and their
participation in planning and implementing such measures
2.1.
On the protective measures in favor of beneficiary Islena Rey
19.
In its prior reports, the State pointed out that the risk evaluation carried out
in relation to Mrs. Rey produced the result of “extraordinary risk.” At the hearing, the
State indicated that the beneficiary has permanent police security at her residence,
which is provided using 8 hours’ shifts. Furthermore, she was granted a protection
scheme that consists of an armored vehicle and three bodyguards, means of
communication and a permanent order from the Police Commander to provide police
patrols and reviews, around her home and her office. The State indicated that the
beneficiaries have expressed that said protection “is satisfactorily provided.”
Moreover, it indicated that Mrs. Rey participates in “dialogue meetings organized by
the police with all the Human Rights NGOs and trade unions of the area”, which are
“conducted every 45 days.”
20.
Moreover, the State emphasized that according to a decree issued in 2006 “it
is not a mission of the [Department of Administrative Security (DAS)] to provide
security services”, which is why said body could provide such services only up to
December 31, 2008. However, the State informed that a decree was issued in
December 2009, by which “the DAS’ responsibility to manage the protection schemes
was extended to March 31, 2010.” Furthermore, the State has ordered the
dissolution of the DAS.
21.
The State expressed that the Police cannot take on, suddenly, "the protection
services that are being provided by means of the protection [program of the DAS]
which involves "2.000 bodyguards” and “which administers 600 hard security
schemes”, which includes the protection of public officials and political leaders. It
mentioned that “these protection schemes are implemented not by state agents, but
by contractors hired by the beneficiaries who are, in turn, contractors controlled”,
currently, by the DAS, which has also caused problems related to “the employment
benefits of these contractors.” It pointed out, in this respect, that “the formation of a
police officer takes more than one year", therefore, the following difficulties arise:
a)
Availability of police agents;
b)
Colombia is facing “electoral processes which entail a greater demand
of the National Police" to provide "the candidates of the different
organizations” with all the guarantees.